University of Michigan Law School
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Case Name Harvey v. Schoen PC-MN-0001
Docket / Court 3-72-CV-73 ( D. Minn. )
State/Territory Minnesota
Case Type(s) Prison Conditions
Case Summary
In 1972, a class of incarcerated and former inmates at the Minnesota Correctional Facility at Stillwater filed a lawsuit against the Minnesota Department of Corrections. The complaint alleged that disciplinary rules and regulations at the prison violated their rights under the Fifth, Sixth, Eighth, ... read more >
In 1972, a class of incarcerated and former inmates at the Minnesota Correctional Facility at Stillwater filed a lawsuit against the Minnesota Department of Corrections. The complaint alleged that disciplinary rules and regulations at the prison violated their rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments and federal and state statutes. The plaintiffs were represented by private counsel. The parties entered into an agreement regarding disciplinary policies. Judge Phillip Neville approved the agreement in an order filed on September 10, 1973. Inmate 24394 v. Schoen, 363 F.Supp. 683 (D.Minn.1973).

The Schoen decree outlined the procedures for disciplinary hearings against prisoners at Minnesota Correctional Faculties in Stillwater and St. Cloud. It included procedures for providing prisoners with adequate notice of charges against them, scheduling hearings, continuances, and appeals. There were no successful claims of violations of the Schoen decree.

On August 18, 1998, the defendants moved to terminate the decree pursuant to the Prison Litigation Reform Act (PLRA). Ronald W. Harvey and other plaintiffs, represented by Leslie J. Rosenberg, Minnesota State Public Defender, objected to the motion and a hearing was held on May 21, 1998. On January 28, 1999, the U.S. District Court for the District of Minnesota (Magistrate Judge Raymond L. Erickson) granted the motion to terminate the decree. Plaintiffs appealed the Magistrate's decision and it was upheld by Judge James Rosenbaum on April 7, 1999. Harvey v. Schoen, 51 F.Supp.2d 1001 (D.Minn.1999).

The plaintiffs appealed, claiming that the district court erred in denying their request to conduct discovery to show that there was a current violation of the decree. They also argued that the provisions of the PLRA that allowed termination of decrees were a violation of the separation of powers. The Court of Appeals for the Eighth Circuit (Judge John R. Gibson) affirmed the judgment of the district court and found that the court did not abuse its discretion in denying the discovery request. Harvey v. Schoen, 245 F.3d 718 (8th Cir. 2001).

Angela Heverling - 12/01/2005


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Issues and Causes of Action
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Issues
General
Disciplinary procedures
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
State law
Defendant(s) Minnesota Correctional Facility at Stillwater
Plaintiff Description incarcerated and former inmates at the Minnesota Correctional Facility at Stillwater
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1973 - 1999
Case Closing Year 1999
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
3-72-CV-00073 (D. Minn.) 05/02/2001
PC-MN-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 09/10/1973 (363 F.Supp. 683) (D. Minn.)
PC-MN-0001-0009 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 04/07/1999 (D. Minn.)
PC-MN-0001-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 04/07/1999 (51 F.Supp.2d 1001) (D. Minn.)
PC-MN-0001-0010 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 07/16/1999 (D. Minn.)
PC-MN-0001-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/17/1999 (D. Minn.)
PC-MN-0001-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 12/29/1999 (D. Minn.)
PC-MN-0001-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 09/01/2000 (D. Minn.)
PC-MN-0001-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Reported Opinion 04/06/2001 (245 F.3d 718)
PC-MN-0001-0011 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Beam, Clarence Arlen (D. Neb., Eighth Circuit)
PC-MN-0001-0011
Erickson, Raymond L. (D. Minn.) [Magistrate]
PC-MN-0001-0006 | PC-MN-0001-0008 | PC-MN-0001-9000
Gibson, John R. (Eighth Circuit, W.D. Mo.)
PC-MN-0001-0011
McMillian, Theodore (Eighth Circuit)
PC-MN-0001-0011
Neville, Philip (D. Minn.)
PC-MN-0001-0009
Rosenbaum, James Michael (D. Minn.)
PC-MN-0001-0004 | PC-MN-0001-0005 | PC-MN-0001-0007 | PC-MN-0001-0010 | PC-MN-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Goldberg, Melvin B. (Minnesota)
PC-MN-0001-0009
Rosenberg, Leslie J. (Minnesota)
PC-MN-0001-0011 | PC-MN-0001-9000
Defendant's Lawyers Hansen, W. Karl (Minnesota)
PC-MN-0001-0011 | PC-MN-0001-9000
Kuretsky, William H. (Minnesota)
PC-MN-0001-0009
Spannaus, Warren R. (Minnesota)
PC-MN-0001-0009
Toenges, Jeffrey E. E. (Minnesota)
PC-MN-0001-9000
Other Lawyers None on record

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